I thank the committee for this opportunity. I am humbled by my welcome and wish to express my appreciation for the campaigns launched on my behalf in Ireland. It was touching when I was granted bail on 2 March to realise that there had been a public outcry, not only in Zimbabwe, but across its borders and as far away as Ireland.
When I visited Ireland briefly in May 2008 and took part in the Africa Day celebrations organised by Trócaire, I did not know that I was making friends in this part of the world. I interacted with the media, frontline defenders, AWEPA and some Deputies whose names I do not recall, although I enjoyed a good lunch with them. I also met our partner organisation, Trócaire, and the general public who attended the Africa Day event. During the time I was held incommunicado for 21 days, I was not aware of what was happening in terms of the public outcry and the demand for my unconditional release. I am aware now that people from Ireland called my son to reassure him of the friends his mother had. I deeply appreciate the fact that my friends in Ireland at every level believed in me and at no time doubted my innocence.
The last time I visited Ireland I spoke to Oireachtas Members about the then upcoming elections in June 2008 and the expected accompanying violence. While at the back of my mind, like every human rights defender, I thought I was at risk, I never dreamt that by the close of the year I would be a statistic. While I am at the helm of an organisation in defence of human rights, I never imagined what the survivors and victims of political violence that we documented went through. My ordeal was harrowing, but I am happy that with my strong Christian education and faith, they failed to break my spirit. I even remember telling my interrogators that I was not a supporter of any political party but a passionate defender of human rights.
The first anniversary of my experience, on 3 December, occurs tomorrow. However, as today is Wednesday it brings the memories back to me, because my abduction began on a Wednesday that I had planned to spend with my son. Little did I know that was not to be the case. I was snatched early in the morning, at approximately 5 a.m. I was not decently dressed and was still in my nightwear. I was not allowed to take my spectacles or dress decently and was taken away barefoot. In my mind I thought I would be back in my house soon or that I would be thrown out somewhere. Little did I know that I would be 21 days away from my son, my family and all the other people who cared about me.
When I was released I was really touched by what my family had gone through. I have a brother who searched for me in the hospitals, but when he could not find me he decided to go through the morgues. I was touched by that. I have already said that my abductors did not break my spirit, but I believe my appearance on my release demonstrated I had gone through a difficult time. When my brother saw me for the first time, I was surprised by his reaction, but I had not seen myself in a mirror for the three weeks I had been held incommunicado. I did not know what I looked like, but I was confident my spirit was still strong. I was surprised my brother was crying when I expected him to be overjoyed to see me.
I am confident the reason I was held was because of the work my organisation does in monitoring and documenting violations of human rights that are politically motivated. I remember one of my interrogators asking how our monitors got accurate information. I asked whether he had called it "accurate" and he replied "Yes" quite impatiently because I was asking him about something he had already said. At the time I smiled, although I was in trouble, because it was a feather in my cap that the work we were doing as an organisation had been recognised and had an impact.
As committee members may have heard from a member of my team of lawyers, Harrison Nkomo, my experience put the Zimbabwean Judiciary to the test. I remember when I appeared in court for the first time on 24 December, Christmas Eve, I did not believe that I belonged anywhere else other than with my family, who I had missed for close to a month. However, to my surprise this was the beginning of a clear case of persecution, as demonstrated by the way court orders were flouted with impunity. I was called names and "a threat to national security" which shocked me, and was labelled "a common criminal". These are descriptions with which I still cannot identify. I doubt I will ever identify with them.
My case also made me realise that while there are known human rights defenders like me and others in civil society, there are other unsung defenders with whom I interacted. I often speak about a doctor who examined me when I was brought to the hospital in handcuffs and leg irons. She refused to examine me until the officer responsible for me unshackled me. At first, the officer was not comfortable about removing the leg irons and handcuffs, but the doctor insisted that she would not examine me and eventually the officer realised she did not have a choice other than to remove the shackles. I consider people like that doctor who work for human rights in their daily work as unsung defenders of human rights who are not recognised as such by us in our day-to-day work.
The situation in Zimbabwe still remains fragile and uncertain, although the global political agreement signed in September 2008 resulted in the consummation of an inclusive Government which has brought hope for most downtrodden Zimbabweans.
There has been some improvement in people's lives. There is a difference in the sense that there is now food in the shops. When one has money one can obtain food but not every Zimbabwean can afford it. We are now operating the multi-currency system whereby we are using the US dollar, the South African rand and, in some parts of the country, the Botswanan pula.
Since the establishment of the inclusive Government we have realised there has been an improvement in hospitals. People are able to go to hospital to be treated. Children are back in schools. Teachers are still seeking a review of their salaries but at least they are back in the classroom. There has been an outcry over the examinations and their proximity to Christmas. I hope these matters will be sorted over time.
As a human rights defender, I am still concerned that although the principals behind the global political agreement acknowledged and committed themselves to dealing with politically motivated violence, we are still recording cases of such violence throughout the country. It was good that they were able to discourage violence in Article 18, which speaks to the security of peasants. It is, however, commendable that the global political agreement, through the principals, recognises that political violence in the run-up to the June 2008 elections broke relations between communities as brother fought brother and neighbour came face to face with neighbour.
The fragility and uncertainty of the inclusive Government have manifested themselves in the stagnation of processes that should have been started months ago. A good example is the constitutional process. The first stakeholders' conference on the constitution-making process was organised but it was disrupted on the first day by unruly hooligans. It resumed on the second day but the process has really been set back by two months. We are not sure whether the target set in the global political agreement will be met.
Earlier in the year, in the hope of building professional institutions, eligible Zimbabweans were invited to show their interest in the media, electoral, human rights and corruption commissions. The response was good and interviews for all the commissions were held. In keeping with maintaining a professional outlook, the interviews were held under the scrutiny of the public in Parliament. This is the first time Zimbabwe has been able to go through such a process. Interviews for the media commission were held in August. What is worrying us now is that, since then, while names have been submitted to the President, the commission has still not been appointed. We are really looking forward to reforms in the media sector so we can see more information being exchanged to which citizens have access.
It was a noble idea for the political leaders to come together in the inclusive Government but it lacks the sincerity and political will of all the parties involved. ZPP is witnessing the same mistrust in communities as supporters of the main political parties have not ceased to be at each other's throats. It is worrying that some communities dismiss the inclusive Government as an Harare affair or something that is not really serious. There have been cases of retributive violence where victims and survivors of violence have demanded previously looted properties from the perpetrators. In some cases, we have recorded that the victims of the violence of yesteryear have been identified as perpetrators. In some instances, they have been locked up by the police for demanding the return of their property.
It seems the decline or increase of political violence is determined by what is taking place in the inclusive Government. When the MDC-T, which is aligned to Mr. Morgan Tsvangirai, decided to disengage from meetings of the Cabinet and the Council of Ministers in October, ZPP noted a gradual increase in cases of violence and reports of villagers being threatened with unspecified action or being assaulted for commenting on the disengagement. These cases were quite common.
There has been some debate over how the constitution-making process is to proceed. ZANU-PF believes the Kariba draft is the document that needs to be used, although in civil society we believe people need to be given a choice of a number of documents and of best practice documents associated with other constitutions. We have heard of people being threatened with harassment or intimidation. They are being told that if they do not accept the use of the Kariba draft, they will see what is to happen to them. It is quite common for people to be reminded of what happened in the run-up to the elections on 27 June 2008.
Civil society is still concerned about continuing harassment by state institutions, with unending arrests. Of late, we noted the arrests of the leaders of the umbrella body of NGOs after they held a directors' summer school in the resort town of Victoria Falls. We also noted the arrest of officers from the Zimbabwe Election Support Network, who were conducting workshops in the province of Matabeleland North. We also noted the arrest of Mr. Lovemore Matombo of the Zimbabwe Congress of Trade Unions. Other officials from that organisation were arrested using the same legislation, the Public Order and Security Act. Members must have heard that when Mr. Matombo was released, the magistrate lashed out at police stating the Act did not apply to the meetings held by Mr. Matombo's organisation since they were with affiliates throughout the country.
I have elaborated on what Ireland did for me. However, there are still cries coming from human rights defenders and the generality of citizens in Zimbabwe, who still yearn to be assisted. Many communities have accessed assistance through civil society when they are represented in court and they also receive humanitarian assistance. Without funding it will be very difficult for civil society to be able to operate.
We made a contribution to the global political agreement on civil society. Much of what is acknowledged and recognised in that document is what we have been yearning for, such as a constitution-making process, the cessation of political violence and national healing.
On 28 September a landmark historic judgment was handed down in my case by the Zimbabwean Supreme Court. This is why I am able to attend the committee. Up until then I was not allowed to leave Zimbabwe as my passport was held. It is historic in that the Supreme Court recognised my rights had been violated. It unanimously concluded that "the Zimbabwean state, through its agents, violated the applicant's constitutional rights, protected under sections 13.1, 15.1 and 18.1". Those are my rights to liberty, to be protected by law and against torture, inhuman and degrading treatment. The court stated "these had been violated to an extent entitling the applicant to a permanent stay of criminal prosecution associated with the above violations."
While this was a first progressive step, we are still waiting for the Zimbabwean Government to rein in these violations so that we can return to the rule of law and ensure the professionalism of the institutions of the state so as not to see them used in perpetrating violence on behalf of a political party.
I will take part in tonight's vigil against cuts in Ireland's development aid budget and I hope it will drive the message home. Without that assistance, organisations such as the Zimbabwe Peace Project will not be able to work in communities and highlight the human rights abuses that have occurred. We need to continue to make the necessary noises in this regard. The committee has recognised the organisation has already made an impact and that we do not want to disappear into thin air. Without resources, there is no way we can maintain the network of monitors, a point commented on by my interrogators when I was arrested.
One of my interrogators also told me I must run an efficient organisation. I was taken aback because I did not know what was happening on the outside. When I asked for an explanation, he informed me that my organisation was not only known in Zimbabwe but throughout the world. We want that momentum to carry on for all organisations in Zimbabwe working for the voiceless.
I had an advantage in that I had a public profile but there are many other men, women and children who do not have and require people like me to speak on their behalf. If the aid is cut, we will not be able to get a platform to speak about the situation in Zimbabwe.
I have spoken about the glimmer of hope in the country. There is a need for us to consolidate our gains and that will take much work. I thank the committee for standing beside me and not being ashamed of being associated with me. The Irish ambassador to South Africa, Mr. Colin Rafter, told me he had been asked by the Zimbabwean Government what Ireland's interest was in my case. It makes me proud that I have friends here and all over the world.
